WSR 08-04-035

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 08-13 -- Filed January 30, 2008, 11:26 a.m. , effective February 1, 2008 ]


Effective Date of Rule: February 1, 2008.

Purpose: Amend fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900Y; and amending WAC 232-28-619.

Statutory Authority for Adoption: RCW 77.12.047.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: Eastern Washington University fishery research biologists, in cooperation with Washington department of fish and wildlife, the Spokane Tribe, and the Colville Confederated Tribes, are conducting a three-year biotelemetry study on habitat use and behavior of wild kokanee salmon in Lake Roosevelt. Prohibiting harvest of wild (nonadipose clipped) kokanee with special red-colored spaghetti (floy) tags from February 1 through March 21, 2008, will facilitate FDA compliance with regulations for fish that are anesthetized during capture. Tagging activities are scheduled for February 2008. There is insufficient time to promulgate permanent rules.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: January 30, 2008.

Phil Anderson

for Jeff Koenings

Director


NEW SECTION
WAC 232-28-61900Y   Exceptions to statewide rules -- Lake Roosevelt.   Notwithstanding the provisions of WAC 232-28-619, effective February 1 through March 21, 2008, it is unlawful to possess tagged wild Kokanee salmon from waters of Lake Roosevelt.

[]


REPEALER


The following section of the Washington Administrative Code is repealed, effective March 22, 2008:


WAC 232-28-61900Y Exceptions to statewide rules -- Lake Roosevelt.

Washington State Code Reviser's Office